Co-Ownership Disputes
Our team of partition attorneys in Napa can assist co-owners with frequently asked questions about partitions, such as:
- Who pays for a partition action? In California, each party typically pays for their own attorney’s fees (known as the “American Rule”). However, California partition law allows for an exception to this rule, stating that “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” California Code of Civil Procedure 874.040. Indeed, the court may award “reasonable attorney’s fees incurred or paid by a party for the common benefit.” California Code of Civil Procedure 874.010(a).
- Can we negotiate a settlement instead of going through a partition action? We find that the best solution is to file the partition action, then negotiate a settlement. Defendants often reach a more reasonable settlement when they are being advised by a partition attorney who will explain that the plaintiff is very likely to obtain the sale of the property.
- Are there ways to make my partition action less expensive? There are numerous ways to obtain a less expensive partition action in California. For example, having your documents organized can ensure you don’t have to pay your attorney to go through a disorganized mess to get the information they need.
- What type of relief can be granted by the court in a partition action? A partition action generally involves the sale or division of the property, along with an accounting of offsets.
- Who can file a partition action in California? Generally, any co-owner of real property can file a partition action.
Our Napa County Partition Attorneys Know Napa County
Napa County is a county located in the northern part of the U.S. state of California. It is part of the San Francisco Bay Area and is known for its wine production, particularly its Cabernet Sauvignon and Chardonnay. The county seat is the city of Napa. The county has a total area of 828 square miles, of which 804 square miles is land and 24 square miles is water. The population of Napa County was 136,484 as of the 2010 census. The county is home to several state parks, including Bothe-Napa Valley State Park, Robert Louis Stevenson State Park, and Bale Grist Mill State Historic Park. It is also home to several wineries, including Robert Mondavi Winery, Beringer Vineyards, and Stags’ Leap Winery.
Napa County, California was first inhabited by the Wappo and Patwin Native American tribes. The first European settlers arrived in the area in the early 1800s, and the county was officially established in 1850. The county was named after the Napa Valley, which was named by the early settlers after the Patwin word “napaw”, meaning “house”. The county quickly became known for its agricultural production, particularly of wine grapes. The first commercial winery in the county was established in 1858, and the wine industry has been a major part of the county’s economy ever since. In the late 19th century, the county experienced a period of rapid growth, with the population increasing from just over 4,000 in 1880 to over 20,000 by 1910. This growth was largely due to the influx of immigrants from Europe, particularly Italy and Germany. The county continued to grow throughout the 20th century, and today it is home to over 140,000 people. The county is still known for its wine production, and it is also a popular tourist destination, with many visitors coming to enjoy the area’s natural beauty and its many wineries.
East Shore Co. v. Richmond Belt Ry. – Partition Action Case Study
In the legal case of East Shore Co. v. Richmond Belt Ry., 172 Cal. 174 (1916), the issue was whether a partition of a parcel of land was valid. The parcel of land was owned by two parties, East Shore Co. and Richmond Belt Ry. East Shore Co. had attempted to partition the parcel of land, but Richmond Belt Ry. argued that the partition was invalid because it was not done in accordance with the law. The court ultimately held that the partition was valid, but that the parties must agree to the terms of the partition in order for it to be legally binding. This case is important because it established the legal precedent that a partition of land must be done in accordance with the law in order to be valid.
Contact an Experienced Partition Attorney in Napa County, California
If you want to end your co-ownership relationship, but your co-owner refuses, a partition action is your only option. Our experienced partition lawyers serving have years of experience ending co-ownership disputes in California and can help you unlock the equity in your Napa County property. For a free, 15-minute consultation with a knowledgeable partition attorney at Partition Lawyer California, call (707) 777-6600 or fill out a contact form online.
Contact us Today for a Free Consultation with a Partition Attorney in Napa County, California
Our partition attorneys in Napa County also serve Napa, American Canyon, Yountville, St Helena, Calistoga, Sonoma, Fairfield, and St. Helena
